State v. Capps

In State v. Capps, 77 N.C. App. 400, 403, 335 S.E.2d 189, 191 (1985), this Court reversed the defendant's conviction of aiding and abetting felonious breaking and entering a motor vehicle and felonious larceny. 77 N.C. App. at 403, 335 S.E.2d at 191. There was no evidence that the defendant knew his passenger was going to break into the trunk of a car and take items that did not belong to him. Id. The Court reasoned: "While the State's evidence does indicate the defendant was present at the scene of the crime, the State has failed to present substantial evidence that the defendant intended to aid the codefendant or communicated such intent to the codefendant." Id., 77 N.C. App. at 402, 335 S.E.2d at 190. Finally, this Court held that "a defendant's mere presence at the scene of the crime does not make him guilty of felonious larceny even if he sympathizes with the criminal act and does nothing to prevent it." Id.